Role of Civil Court to entertain the Objections in a partition decree pending before Collector. Section 54 of Code of Civil Procedure empowers the Collector or any gazetted sub­ordinate deputed by him, to partition and separation of the share of an undivided estate assessed to the payment of revenue to the Government, and therefore, on passing a decree for partition and separate possession of the share, the Civil Court becomes Functus officio. The decree passed by the Civil court is in the nature of preliminary decree and it is for the Collector to make it final and execute the same. The application of a party to send the decree for partition to Collector, is a step taken towards passing a Final decree and it is not an execution application, and therefore, the question of Limitation does not arise. In a case of Bikoba Deorao Gaikwad & Ors Vs Hirabai Maurtirao Ghorgare and Ors decided by Hon'ble Supreme Court on 27­5­2008 by the two Judges Bench: (S.B.Sinha, Lokeshwar Singh Panta JJ. ) It is held that, Section 54 only provides for, a Ministerial Function of a Court, and it cannot termed to be an Execution proceeding. The application filed before the Court to sent decree and papers to Collector to carry out partition is not an application in execution and provision of Limitation would not apply. In the case of Kisan Bhikaji Dalvi Since . Vs Krishnabai Maruti Dalvi, Bombay High Court,reported in (2000(4) Mh.L.J. 485), it is held that, the decree declaring the shares of the parties in partition is definitely a preliminary decree , and when such decree is in such respect of the land assessable to land revenue all further proceedings are required to be taken before the Collector or any gazetted officer sub­ordinate to him, to whom the powers are delegated by the Collector as per Section 54 of C.P.C.When the matters goes before the Collector, then he has to pass the final decree, by coming to the conclusion, how the land should be and then partitioned between the parties he has to execute that decree by actually putting the parties in possession of the portion allotted to them. The Civil Court has no say in the matter as to how the land is partitioned between the parties, so to say, for preparing the final decree. All that work is to be done by the Collector.